If spouses have children, the court will also
determine legal and physical custody, which it may award to one or both spouses.
Not exact matches
When the divorce is finalized both
physical (residential)
and legal custody will be
determine
After parents separate or divorce, a Minnesota court will
determine physical and legal custody of the child, as well as child support.
Instead, the courts fail to
determine that either adult is the better parent
and decide to rule in favor of joint
custody, which can be joint
legal custody or joint
physical custody.
Kansas judges deciding
custody cases must
determine «
legal custody,» which refers to the responsibility to make educational, medical
and other major decisions for a child,
and «
physical custody,» meaning the child's living
and visitation arrangement with the parents.
To effectively
determine how parental responsibilities will be shared, your
and your former spouse or the parent of your child may wish to agree upon
legal custody or decision making, including medical decisions, education decisions,
and religious decisions;
physical custody including the child's primary residence, secondary residence, weekend
and holiday residences,
and summer vacation.
The trial judge awarded
legal and physical custody of Coho to the husband,
and granted the wife reasonable visitation rights as
determined by the husband.
While it is often in the best interests of the children for parents to share
legal custody — decision - making authority —
determining physical placement
and periods of
physical placement (the children's
physical residence
and a schedule outlining each parent's time spent with the children) can involve evaluating a number of factors in order to identify the best interests of the children.
Determining physical and legal custody of a child can be a daunting task for parents in the midst of a marriage dissolution proceeding.
Upon consent of both parties, parents may submit to the court a parenting plan to
determine physical and legal custody of the child.
In New York, our courts look to the best interest of the children to
determine legal and physical child
custody, both during
and after divorce.
Legal custody determines which parent makes decisions regarding your children's well - being
and upbringing,
and physical custody specifies with which parent your children will make their primary home.
Physical custody determines which parent the child lives with while
legal custody represents the right of a parent to make decisions about the child's upbringing, such as schooling, religion
and health care.
If you are in a situation where you have sole
physical and / or
legal custody,
and you do NOT want your co-parent to have care,
custody and control of your child (ren) should something happen to you, then you need to see a qualified estate planner to
determine your options.
The first step in
determining custody and visitation — whether it is temporary or permanent — begins with the court establishing
legal and physical custody.
During a divorce, California courts
determine custody arrangements for the divorcing couple's children, splitting both
physical custody (who the child lives with)
and legal custody (who makes important decisions for the child).
Missouri allows third party
custody in cases when it is warranted, if a court
determines that both of the child's parents are unfit, unsuitable or unable to parent the child,
and that awarding a third party
legal and physical custody is in the child's best interest.
If the parents fail to reach an agreement for joint
legal custody and joint
physical custody,
and refuse to cooperate with each other in negotiations, the judge
determines what is in the best interest of the child.
In
determining which parent (s) will have
legal or
physical custody and a visitation plan, the courts look at what is in the «best interests» of the child.
Instead, the courts fail to
determine that either adult is the better parent
and decide to rule in favor of joint
custody, which can be joint
legal custody or joint
physical custody.
Further, as respecting possible modification, because of past issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit
and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses
and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff
and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse
and / or neglect to governmental entities;
and the need for repose on the part of the minor child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole
physical and / or sole
legal custody arrangements, except in the case of the plaintiff's total
and permanent disability as
determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
Both
legal and physical custody will be
determined,
and these will be granted on a «sole» or «joint» basis.
After parents separate or divorce, a Minnesota court will
determine physical and legal custody of the child, as well as child support.
In Rhode Island, both
legal custody and physical placement are to be
determined in every child
custody case.
Both
legal and physical custody will be
determined,
and doing so will dictate the responsibilities of each parents to their child.
Though the child
custody vocabulary used in this state may vary from that in others, New Hampshire child
custody laws call for both
legal and physical custody to be
determined.
In Michigan, the court may
determine that parents can not adequately work together to take care of their child
and award sole
custody to one parent, meaning that one parent has both
physical and legal custody.
1996)(granting the parents temporary shared
legal custody of any minor child of their marriage upon the filing of a
custody action, but permitting the court to award temporary sole
legal custody if it
determines that shared
custody is not in the best interests of the child
and stating that there is no presumption for temporary shared
physical custody); Mont..